Know your rights as an employee: Part 2
Know Your Rights with Femi Daniyan
Basic employee rights (cont)
The right to a maximum working week of 48 hours a week – This aspect of employment law is regulated by the Organisation of Working Time Act 1997. Depending on the industry, the 48-hour week can be averaged over a four-month, six-month or 12-month period and employers are obliged to keep a record of how many hours an employee has worked for.
Again, it is important to note that the Organisation of Working Time Act 1997 does not apply to certain employees. These include members of the Garda and Defence Forces, employees who control their own working hours and family employees on farms or in private homes. There are separate regulations governing the working time of employees working at sea and trainee doctors.
The right to unpaid breaks during working hours – This aspect of employment law is also regulated by the Organisation of Working Time Act 1997. Generally speaking, workers have the right to a 15-minute break after every four-and-a-half hours of work and a 30-minute break after six hours of work (which may include the first 15-minute break). However, there are exceptions to the general rule. For example, an employer is exempt from providing breaks where it is not possible due to exceptional circumstances or an emergency. As an employee you may not be entitled to payment for such breaks.
The right to leave from work – Full-time workers have the right to four working weeks’ paid annual leave. Part-time workers have the right to a proportional amount of annual leave based on the amount of time they work. Where applicable you may also be eligible for maternity leave, parental leave and carer’s leave.
Maternity leave is regulated by the Maternity Protection Act 1994-2004 and the Adoptive Leave Act 199-2005. Employees are generally entitled to leave while pregnant and immediately after giving birth. Adoptive mothers are also entitled to leave, as are adoptive fathers if they are the sole adopters.
You are then entitled to return to the job you were doing before the leave began with the benefit of any improvements that may have taken place during the leave. There is no right in legislation to pay from your employer during leave but most employees qualify for a social welfare payment.
As regards parental rights, The Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, allows parents in Ireland to take parental leave from employment in respect of certain children. A person acting in loco parentis (acting in place of the parents, ie a guardian) is also eligible. You can take leave in respect of a child up to eight years of age. If a child is adopted between the age of six and eight, leave in respect of that child may be taken up to two years after the date of the adoption order. In the case of a child with a disability, leave may be taken up until the child is 16 years of age.
If you become ill while on parental leave and as a result are not able to care for the child, you may suspend the parental leave during your illness and restart the parental leave when you recover from the illness.
Carer’s rights in respect of their employment are regulated by the Carer’s Leave Act 2001. It allows employees to leave their employment temporarily to provide full-time care for someone in need of full-time care and attention. The person being cared for does not have to be a relative or spouse. In fact they could be a partner, friend, or workmate.
General holiday or leave time in your place of work is regulated by the Organisation of Working Act 1997. The act provides for a basic paid annual leave entitlement of four working weeks. This is the statutory minimum and your contract of employment could provide for more. Under the legislation, your annual leave entitlement is based on your working hours during what is called the ‘leave year’. This runs from April each year to the following March, although many employers use the regular calendar year.
Continued next issue
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
